Page 51 - English-DBINZ brochure-2019

Buddle Findlay 48

Contract and Commercial Law Act 2017
The Contract and Commercial Law Act is an omnibus piece of legislation that contains provisions
applying to sales of goods that may not be covered by the Consumer Guarantees Act (these provisions
were formerly in the Sale of Goods Act 1908). Such goods include goods purchased for resupply or
resale, or for use in manufacturing processes, and personal or household goods for use in business
(where the seller has contracted out of the Consumer Guarantees Act).
The Contract and Commercial Law Act imposes various warranties into the sale of commercial goods,
including warranties of merchantable quality, fitness for purpose, and compliance with sample and
description.

The remedies available to the buyer include refunds and compensation. However, it is reasonably easy
for sellers to exclude or vary these warranties by express agreement.

Employment law

Employment relationships in New Zealand are governed primarily by the Employment Relations Act
2000. The parties to an employment relationship must deal with each other in good faith, acting
honestly, openly and constructively. The Employment Relations Act also promotes the right of employees
to bargain collectively.

EMPLOYMENT AGREEMENTS

In New Zealand the relationship between employer and employee is documented by an employment
agreement. Employment agreements may be individual (personal to the individual employee and
employer) or collective (covering a group of employees and entered into between one or more unions
and employers).
It is compulsory to have either an individual or collective employment agreement, and that agreement
must be in writing. From 6 May 2019, new employees who are not union members but fall within the
coverage of a collective agreement must be employed for the first 30 days on the terms and conditions of
that collective agreement (and any additional terms and conditions that are mutually agreed and no less
favourable).

UNIONS
Union membership is not compulsory in New Zealand. However, unions have specific rights of access to
workplaces under the Employment Relations Act. Employers must recognise the union that represents
their employees and, from 6 May 2019, must pass on certain information about the union to prospective
and new employees, and information about new employees to the union (unless the employee opts out).

DISPUTES
Employees have the right to take a personal grievance against their employer for unjustified dismissal or,
if they have not been dismissed but suffered some other detriment, for unjustified disadvantage.
By pursuing a personal grievance, an employee can seek various remedies such as reinstatement (the
primary remedy available if dismissed) or compensation for lost wages, humiliation, loss of dignity and
injury to feelings. The Employment Relations Act encourages mediation as the first step in attempting to
resolve employment disputes.
Employees can also pursue claims for discrimination, sexual and racial harassment, duress, or breach of
contract or breach of their statutory rights.